Category Archives: DUI Case Law

Keeping you informed of changes in the law that impacts upon OVI practice in Ohio.

Why The ALS Suspension Is Unconstitutional

ALS SuspensionWe are often asked how the arresting officer is authorized to take a persons’ license under the ALS suspension, and whether or not this is constitutional.  The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI?  This site takes the position that the current law is unconstitutional.  But before we jump into the argument, it is important [Read the full post. . .]

Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North CarolinaNo. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.

Heien v. North Carolina

In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn [Read the full post. . .]

Policing For Profit Approved By Ohio Supreme Court

policing for profitIf you were hoping that the Ohio Supreme Court would curtail a city’s ability to implement policing for profit, you would be disappointed.  Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.

The majority opinion, written by Justice Kennedy held specifically that,

Municipalities have home-rule authority under Ohio

[Read the full post. . .]

Ignition Interlock Bill Dies In Committee

ignition interlockAnnie’s Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee.  The bill, in its proposed form would have required a driver to blow into the the device to start the car, which would prevent the engine from starting if too much alcohol was detected on his or her breath.

The bill faced opposition from the [Read the full post. . .]

Are DUI Laws A Sophisticated Form Of Gaslighting?

dui lawsHow does “gaslighting” relate to Ohio DUI laws?

In the 1944 film Gaslight, Ingrid Bergman’s character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors, implying that he is doing so for her own good, because her nerves have been acting up, causing her to become a kleptomaniac and [Read the full post. . .]